CII/R lnstitute of lt/edical Sciences v. The State of Telangana

Counsel for the Petitioner: SRI KIRAN KUMAR.B Counsel for the Respondent No.1 & 2: Gp FOR MEDTCAL HE:ALTH FW Counsel for the Respondent No.3: SRt T.SHARATH, SC FOR KNRUHS counsel for the Respondent No.4: Ms. GoRANTLA puJrrHA, sc FoR MARB The Court made the following: ORDER HON,BLE MRS. ]USTICE SUREPALLI NANDA WRIT P ETITIO NNo .30956 o F 2025 o RDER: Heard Sri B.Kiran Kumar' learned counsel appearing on behalf of the petitioner, learned Government Pleader for Medical Health and Family Welfare' appearing on behalf of the respondent No'1 & 2, Sri T'sharath' learned behalf of the respondent standing counsel appearlng on No.3 and Ms. Gorantla Pujitha, appearing on behalf of the respondent No'4' learned standing counsel e ra r ch d he s eki r

2. Th as under: "...to issue an appropriate writ order or direction more p".ti.rlariu on"'in the nature of Writ of Mandamus ' tn" action of the Respondents more i".iu.lng - r; -Respondent 2nd & 3'd Respondent p.rircrr.]rrv Lniu"i=itv'und University in not permitting the Petitioner ;; ;;;;iy with the deflciencies to the Show cause "i 23.0g.2025 and not issuing Essentialitv C"it,riiut" ihrough there is an Interim order 'r",i.", dt 01.05.2025 was passed to consider the application and not issuing Consent of Affiliation without issuing Consent of Affiliation to comply with the deficiencies Sno* Curt" Notice, dL 26'Og'2025 and not considering [ne npptication Ref No.CMRIMS& HIPG/COA12O2511OI' it zs.og.zoz5 of the Petitioner Institution and not illowing the Petitioner to establish lYedical PG courses in the inslitution as illegal unjust arbitrary discriminatory ind violative of ArtiCles t4, 16 and 19(1) (g) of the Constitution of India and consequently direct the SN, J Respondents 1to 3 more particularly 3,d Rerspondent to issue Consent of Affiliation and consider Application Ref No. CMRTMS&H/p1/COA/ZOZS/001, dr 25.og.202s and issue Essentiality Certificate as per the Interim Order:; Ct 01.05.2025 in W.p.No.12582 of 2025 to the Petitioner's Institution and approve seats roquested for Medical PG courses and pass...,,

3. Th case of the Detitio n averments made in the affid avit fil ed bv the oetitio ner in suoDort of the present Writ Petition is a s under:- Der brief as er in The petitioner, a reputed educationar institution estabrished in 2007, ir,tended to start postgraduate medical courses. In pursuance Lt. No. M- 19C)1 7/38/2024/Nt4C/pGM EB Notification (8293796), dated 20.09.2024, issued by the 4th respondent whereby inviting applications for new pG medical courses for the ecademic year 2025-2026, the petitioner submitted applications to the 4th respondent lnd also to the 2nd and 3rd responde,rts seeking an Essentiality Certificate and appointment of lssessors for inspection. Despite completion of inspection, the 2nd & 3.r respondents failed to is:;ue the Essentiality Certificate. Aggrieved by the same/ on earlier occasion, the petitioner filed W.p. No. 12582 of 2025, and this Court was pleased to pass an order, dated l SN. J

01.05.2025 directing the respondents 1to 3 to consider the petitioner's applications dated 15'10 2024 and 09 12'2024 within twoWeeks.AStheorderwasnotcompliedwith,thepetitioner filed Contempt Case No. 1996 of 2025, which is pending' Itisfurtherthecaseofthepetitionerthatsubsequently'the 4th respondent issued a show cause notice dated 23'09'2025 lo the petitioner stating that the COA was not in the proper format and granted seven days for compliance by the petitioner' The petitioner submitted representations on 26'09'2025 to the 3rd respondent seeking issuance of the Consent of Affiliation and on 01.10.2025 to the 4th respondent responding to the show cause notice.ASnoactionwastaken,thepetitionerfiledthepresent writ petition. 4 PER ED HER OR A. Th r Ref :C RIMS H P 20 oo1 da ed 26.O9.2025 res Dondent rsextracted he eu nd er: - of the petiti ner a ddressed the 3 r,l This is to bring to your kind notlce that, we are applying for startinq of new Post^Graduation courses in the iofio*ing departments, as we are eligible according to the 4 SN. r latest PGt\4ER Comrnission. released by the National Medical In th s regard we request your good office to issue Consent of Affi iation to CIvIR Institute of Medical Sciences for startinq of new posl-Graduation courses in the follo\,ving departments for the Academic year 2025 26 from Kalof Narayana Rao University of Health Sciences. In this regard we expect your good office to issue Consernt of affiliation For these cou rses. rcjo. P.G.Medical en€rral Medlcine No.of seats .[ Atfiliation Fee aPp!y!ng 04 i s.N l1 L 2 3 4 5 6 7 B Pedia tncs D\i L G€ neral Surqery Orlhopedics Radio diag nosis Anesl.hesiology o4 1 ' 03 o4 04 03 04 l Inspection Fee Rs.29,500/- DD No:003515 iRs.29,500/- D D N o:003516 RS 4,t3,OOO/ DD No:0035t t7 Rs.4,13,000/ Rs.29,500/, DD No:00 35(rB Rs.4,13,000/ DD No:0 0 35C 9 Rs.4,13,000/ I DD No:OO3 510 lRs.4,13,ooo/. ]DqNo,!!3s11 Rs.4,13,000/ DD No:003 51 Rs.4,13,000/ DD No:00351 DD No:003517 Rs.29,500/- DD No:003518 Rs.29,500/- DD No:003519 Rs.29,500/- 003520 s0o/- 003521 s00/- o03522 Rlos.4,13,OOO/ D No:003 51 DISCUSSI ON AND CONCLUSION:- 5. The limited relaef, which the petitioner seeks in the present Writ Petition is a direction to the 3'd respondent to consider the petitioner,s representation made vide reference CMRIMS&H/pc/COA/2OZS/OOt, dated 26,09.2025 to the 3'd respondent herein pertaining to the SN, J issuance of consent of Affiliation for starting PG Medical Course for the academic Year 2025-26- Learned counsel appearing on behalf of the 6 petitioner submits that though the request of the petitioner vide reference CMRIMS&H/PG/ COA/2025/OOL, dated 26.O9.2O25 addressed to the 3'd respondent had even been acknowledged by the 3'd respondent on 27.09.2025 itself, no action had been initiated in this regard as on date, and therefore, the petitioner is entitled to the relief as prayed for by the petitioner in the present Writ Petition.

7. Learned counsela o oea ri nq on behalf of the oeti roner submits that on a n earlier occa sto n. Detationer filed W.P.No.12 582 of 2O25 and this Court vide its order . dated 01.o5 2025 Dass ed interim orders in favour of oetition er, observinq as under:- " There shall be interim direction to respondent Nos.1 to 3 to consider the application of the petitioner vide Ref.No.CMRIMS&H|2O24/107, 15.10.2024 and Ref,No.CMRIMS&H/2O24/731, dated 09.12.2024 for issuing Essentiality certiFicate for commencing PG Medical courses in the petitioner institution, within a period of two (2) weeks from the date of receipt of a copy of this order. , , ! t 6 \.: \ SN, J l_ist the matter on 25.06.2025 In view of the interim orders of this Court, dated 01.O5.2025 passed in W.p.No.12582 of 2O2S, the request of the petitioner for issuance of consent of Affiliation for starting PG Medical Course for the academic year 2O25_26 vide representation, dated 26.O9.2O25 addressed to the 3'd respondent needs to be considered in accordance to law.

8. Learned standing counset appearing on behatf of the respondent No.3 and tearned standing counsel appearing on behalf of the respondent No,4 submits that the writ petition may be disposed of, directing thr: respondent No.3 to consider the grievance of the petitioner, in accordance to law, within a reasonable period.

9. Learned counsel appearing on behalf of the petitioner does not dispute the said submissions nrade by the learned standing counsel appearing on behalf of the respondent No.3 and learned standing counset appearing on behalf of the respondent No.4. 7 SN, J

10. Ta kinq into consideration:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner, tearned standing counsel appearing on behalf of the respondent No.3 and learned standing counsel appearing on behalf of the respondent No.4. c) The letter, Ref:CMRIMS&H/PGICOA/2O25lOOt, dated 26.09.2025 of the petitioner addressed to the 3'd respondent (referred to and extracted above) d) The interim orders of this Court, dated O1.05.2O25 passed in W.P.No.12582 of 2025 in favour of the petitioner (referred to and extracted above) Without o orno into the merits of the I I conten ions out-forth bv the learned co unsel on record, n ent of all tho fl Petition is +ha llf u on o t + n d counsel r r directin t rd res onden ider the re uest h etitio ner su a nce n ent of Affiliation r rtin PG ical Course the academic r 2O25-26 as out-forth bv the oetitioner 8 S..V, J petiti n 26.O 9.20 25 a dre sse tothe 3'd res onde nt, tna ccord a nce to law. tn onf rmi with nn of na ta ion ral u tic l) r an oDoortunitv ofo er son a artnq to the oeti tione r,du Iv c sr er ton h rtm or f n din f vour of e iti da ed 1 5.202s a se W.P.No. L2582ot2025 fa led vt e peti tio ne r on an arl cca ron ref rre ra ted a OV t ere so ed a ro rta w thin a ert dofon 1 r th d eo re EI week fro of the order, and d lvcom munt cate the deci ston on thesa id reor esen tati n. d te of co 6 9.2 25 a b th e ron rt e t to er .However, th ere shall ben oo rder astocosts. //TRUE COPY// A SD/.U. SUDHA ANT REGIS,T,RAT{ To, 1 2 J:i""i.iHl:,S."?"",?l?j?,*r#,"SlXl and Health De State of Telangan The Chainnan, Hroh Hyderabad, Telanaiga power Committee Director lVle Jical ION OFFICER ent for Med ical Educat ron, Koti, 3 The Re Waranga grs-trar, Kaloji Naravana r, t etangana-506007.' Rao Medical Urriversity, Nizampura,

4. The President, Nationr a no nan.if i,oa il:il:fl :li?l,3::3?fl Efi :1,:?JHT3I_ K:i,lE!fl i;?il#i,,

5. One CC to SRt KTRAN KUMAR.B, Advocate tOpUCl 6 One CC to SRt T.SHAF 7 one cc to rvis oo*oJLTr::ff ::i'#ffil,rr., 8 ]ryo CCs to Gp FOR 9 TwoCDCopes tt .,: r..:- ji, *ljl lX. ,ffigryqgpi.i.*&i,.# - i'i-:.::r. :r..,-,:i-:r.:.,.. Telangana ", nvo...3ilYffl?cAl HEALTH FW, Hrgh court for the state of HIGH COURT DATED: 13110t2025 CC TODAY ( ,)o ,J HE. 5IAni 2 E 0t1 tt6 * spnrcil -t! G) * ORDER WP.No.30956 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS l* t".\r) t\